Legal Framework

Digital messages are treated as electronic records under the Evidence Act. Their admissibility depends on:

• Authenticity of device/source
• Integrity of data
• Compliance with Section 65B certificate requirement (in most cases)
• Corroboration with other evidence (photos, witnesses, documents)

Key Case Laws (Supreme Court of India)

1. State (NCT of Delhi) v. Navjot Sandhu (2005) 11 SCC 600

• One of the earliest cases recognizing electronic records like call records and digital data.
• The Court initially allowed electronic records even without strict 65B certification (later overruled on this point).
• Relevance: Early judicial acceptance of digital evidence in criminal and civil matters, including relationship proof.

2. Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473

• Landmark ruling on electronic evidence.
• Held that Section 65B certificate is mandatory for admissibility of electronic records.
• Without certification, WhatsApp chats or emails cannot be directly relied upon.
• Relevance: Any digital message claiming marital status must be properly certified to be admissible.

3. Tomaso Bruno v. State of Uttar Pradesh (2015) 7 SCC 178

• Court emphasized importance of electronic evidence like CCTV, mobile records, and digital data.
• Held that modern technology must be used in judicial truth-finding.
• Relevance: Strengthens acceptance of digital communication as corroborative proof in disputes, including family/marriage cases.

4. Sonu @ Amar v. State of Haryana (2017) 8 SCC 570

• Held that objections regarding electronic evidence must be raised at the earliest stage.
• If not objected properly, digital evidence may be considered.
• Relevance: WhatsApp or SMS messages showing marital admissions may be accepted if not timely challenged.

5. Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC 801

• Relaxed the requirement of Section 65B certificate in certain situations where parties do not have control over device.
• Later partially overruled, but still relevant in procedural fairness.
• Relevance: Helps in cases where one spouse controls the phone containing marriage-related chats.

6. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1

• Final authoritative ruling on Section 65B.
• Reaffirmed that 65B certificate is mandatory for electronic records.
• Clarified procedure for obtaining such certificate.
• Relevance: WhatsApp messages or emails proving marriage must comply strictly with this rule to be relied upon in court.

How Digital Messages Prove Marriage in Practice

Courts typically consider digital communications as supporting or corroborative evidence, especially in:

1. Admission of Marriage

Messages like:

• “You are my husband/wife”
• “Our marriage is registered/solemnized”
  are strong admissions under evidence law.

2. Intention to Marry

Chats discussing:

• wedding plans
• rituals
• engagement confirmation
  help establish consent and intent, essential in marriage validity disputes.

3. Post-Marriage Conduct

Messages showing:

• cohabitation arrangements
• financial dependency
• family introductions
  can prove a de facto marital relationship.

4. Social Recognition

Messages sent to friends/family referring to each other as spouses strengthen credibility.

Judicial Approach (Summary)

Indian courts generally follow these principles:

• Digital messages alone may not prove legal marriage, but can strongly support it.
• They must satisfy authenticity + Section 65B compliance.
• Courts look for corroboration with other evidence like photos, witness testimony, or registration documents.
• Messages showing consistent conduct over time are given higher weight.

Conclusion

Digital messages have become a powerful evidentiary tool in marriage disputes, especially in cases involving:

• live-in relationships vs. marriage claims
• denial of marriage by one party
• maintenance or legitimacy disputes

However, courts strictly apply electronic evidence rules, particularly the requirement of certification under Section 65B (as clarified in Anvar P.V. and Arjun Panditrao).